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Federal administrative agencies are given existence and powers by the Congress through enabling legislation. These agencies, in turn, promulgate administrative regulations which, if promulgated within the authority given the agency by its enabling legislation, have the force and effect of law.

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13y ago
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11y ago

No, that's backwards. Congress creates the agencies and specifies their powers. The agencies then create regulations, but the regulations are not legal if they are contrary to the laws made by Congress.

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Q: Is it true that federal administrative agencies specify the powers of congress?
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Explain what an enabling Statute is in administrative law?

enabling legislation is a law passed by congress to specify the name, purposes, functions, and powers of administrative agency- enabling statute is the federal trade commission= act prohibits unfair competition and deceptive trade practices.


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Administrative agencies come into being through what's called an "organic statute," which is the statute that creates the agency. This statute will specify the agency's mission, and, beyond the default rules of the Administrative Procedures Act, what powers the administrative agency has. You will know what the "organic statute" is because agencies have to cite the law that provides a basis for their authority to regulate whenever they issue a regulation. Thus, they will always cite to this statute. Because Congress creates the administrative agency, courts will look primarily to the intent of Congress when there is dispute over a particular agency's power. The power of administrative agencies is also bound by the U.S. Constitution, which calls for a separation of powers between the three branches and vests all lawmaking power in the legislature.


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